Ocala dentist faces disciplinary action

Tuesday

Aug 31, 2010 at 4:35 PMAug 31, 2010 at 5:24 PM

A local dentist advertised to his patients that he could recreate their smiles and restore their youth. Instead, patients said, he ripped them off and ruined their smiles, according to complaints filed with the state Department of Health.

By Jackie AlexanderStaff writer

A local dentist advertised to his patients that he could recreate their smiles and restore their youth.

Instead, patients said, he ripped them off and ruined their smiles, according to complaints filed with the state Department of Health.

Dr. Ben Spivey of Spivey Enterprises faces a disciplinary hearing in front of the state Board of Dentistry later this month amid allegations of fraud and negligence.

There are eight complaints filed against Spivey, all filed in 2008 or 2009. The patients include:

• A 75-year-old woman who reportedly paid nearly $18,000 for new crowns and dental implants in November 2008. Spivey allegedly did not complete the denture work and did not refund her money.

• A 79-year-old woman who claims she was charged $5,000 in March 2009 for treatment despite not authorizing it. Spivey allegedly failed to produce a signed copy of the credit application.

• A 54-year-old woman whose teeth were removed and given dentures in April 2009. The patient complained of poor fit for two months before seeing another dentist.

The other five complaints, which will be heard at the disciplinary hearing, were not available on the Department of Health website.

Investigators charge that, in the three cases released on the DOH website, proper records were not kept for each patient. Initial X-rays weren't kept in one case, according to records.

A DOH expert determined that there were multiple record-keeping deficiencies in the case of the 54-year-old patient. The administrative complaint alleges that Spivey removed all the woman's teeth at the behest of her mother and without adequately diagnosing and justifying removal.

“A dentist who proceeds with extracting teeth that are viable and have adequate bone structure for the convenience of placing full dentures notwithstanding a patient's consent for such a course of treatment is in violation of the standard of care,” according to the complaint.

In the two other complaints, each patient opened a care credit line in Spivey's office through Capital One. After the work was not completed, Spivey allegedly did not refund the patient's money and instead sent her to another dentist.

Another patient alleged that she did not know she was consenting to further treatment and did not return to Spivey's office after her initial visit.

A Capital One account was opened a week after that first visit, according to the administrative complaint, but Spivey failed to produce a signed credit application during the course of the investigation.

In her patient informed consent form, the patient reportedly wrote “NO!” next to “all fees have been explained,” according to the administrative complaint.

The state health department charged in its findings that failing to refund patients should constitute fraud, deceit or misconduct.

Spivey said he could not comment on the proceedings, but has voluntarily withdrawn his dental license, according to the DOH website.

Spivey said he has enrolled in continuing education courses at the University of Florida and hopes for a fellowship with the Academy of General Dentistry.

The practice gave Steven Tyree the illusion that he was in good hands. Tyree didn't file a complaint with the DOH; instead, he sued Spivey in small claims court in 2008 after Spivey allegedly failed to finish Tyree's dental work and did not refund his payment.

Spivey was ordered to pay Tyree more than $5,000 by default after Spivey failed to appear in court.

For Tyree, the money wasn't enough.

“I'd much rather have won by proving my case,” he said.

Tyree said he still hasn't had the dental work he needs done after his ordeal at Spivey's practice.

“It's a very sore spot for me,” Tyree said.

“I don't think the man understands all the complications he causes by not doing what he says he's going to do,” he added. “This kind of person doesn't need to be in our community.”

The dentistry board meets on Sept. 17 in Orlando.

Contact Jackie Alexander at jackie.alexander@starbanner.com.

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